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Jeremy Gauntlett

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Jeremy Gauntlett
SC, KC
Born
Jeremy John Gauntlett

(1950-11-10) 10 November 1950 (age 73)
Salisbury, Southern Rhodesia (now Harare, Zimbabwe)
CitizenshipSouth Africa, United Kingdom
Alma materStellenbosch University
New College, Oxford
SpouseTessa Finlay

Jeremy John Gauntlett SC, KC (born 10 November 1950) is a British–South African lawyer who practises public and commercial law. He entered legal practice as an advocate in Cape Town in 1976 and was admitted to the Bar of England and Wales in 1994. In addition to his chambers in Cape Town and Johannesburg, he is a tenant at Brick Court Chambers in London.

Early life and education

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Gauntlett was born on 10 November 1950 in Harare, Zimbabwe,[1] where he grew up.[2] He attended Stellenbosch University on a Beit Scholarship, graduating with a BA cum laude in 1971 and a BA cum laude in 1973,[3] and then took a Rhodes Scholarship, completing a BCL at New College, Oxford in 1976.[2]

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Upon his return to South Africa from Oxford, Gauntlett moved to Cape Town, joining the Cape Bar as an advocate in December 1976.[1][4] He took silk in South Africa in 1989 and additionally joined the Johannesburg Bar in 1994.[1] At the same time, he was called to the Bar of England and Wales in 1994,[5] and in February 2017, he was named as Queen's Counsel by Elizabeth II.[6][7] He has been a full tenant at Brick Court Chambers in London since January 2014,[8] after several years as a door tenant there.[7]

Notable briefs

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Gauntlett has frequently acted for South African state agencies in high-profile matters, including President Jacob Zuma in Economic Freedom Fighters v Speaker of the National Assembly (on the Nkandla saga),[9] the state in Minister of Justice and Constitutional Development v Southern African Litigation Centre (on South Africa's obligation to arrest Omar al-Bashir under the Rome Statute),[10] the South African Police Service in National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (on universal jurisdiction),[11] the South African Reserve Bank in South African Reserve Bank and Another v Shuttleworth (Mark Shuttleworth's challenge to exchange control regulations),[12][13] the KwaZulu-Natal government in Abahlali BaseMjondolo Movement v Premier of KwaZulu-Natal (Abahlali baseMjondolo's challenge to the KwaZulu-Natal Slums Act),[14] Eskom in National Energy Regulator of South Africa v Borbet, Eskom v Borbet (on energy tariffs),[15] and the South African Human Rights Commission in Semenya v Switzerland (Caster Semenya's appeal to the European Court of Human Rights).[16]

His non-state clients in South Africa have included Solidarity, in Solidarity v Department of Correctional Services in the Constitutional Court;[17] the Mail & Guardian, in President v M&G Media, a right to information matter in the Supreme Court of Appeal;[18] and Schabir Shaik in his corruption trial.[19]

Other activities

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Gauntlett was a sessional judge of appeal in the Lesotho Court of Appeal between March 1997 and December 2010, and he was an acting judge in the High Court of South Africa on several occasions from 1991 onwards.[1] After two terms as president of the Cape Bar, from 1997 to 1999, he was elected as chairman of the General Council of the Bar of South Africa in July 1999;[2] he held the latter position until 2002.[1] He was also a commissioner of the South African Law Reform Commission between 1996 and 2006.[1]

Judicial nominations in South Africa

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On several occasions, Gauntlett was interviewed unsuccessfully by the Judicial Service Commission as a candidate for permanent judicial appointment in South Africa. In September 2009, he was interviewed for possible appointment to one of four vacancies on the Constitutional Court, nominated by Sydney Kentridge and Gerald Friedman,[20] but the Judicial Service Commission did not recommend him for appointment.[21]

The following year, in April 2010, he was shortlisted for permanent appointment to the Western Cape High Court. Dring his interview with the Judicial Service Commission, he was asked by commissioner Fatima Chohan about his relationship with Western Cape Judge President John Hlophe,[22] with whom he had publicly clashed.[23][24] After the interview, the Judicial Service Commission did not recommend him for appointment; several observers objected to his exclusion,[25][26] including Wim Trengove, who said it was "inexplicable".[27]

In October 2012, Gauntlett was shortlisted for the Western Cape High Court for a final time, this time as one of eight candidates for five vacancies;[28] but the Judicial Service Commission again declined to recommend him for appointment.[29] The Mail & Guardian suggested that the commission was concerned about Gauntlett's "abrasive" temperament,[30] and the commission itself ultimately wrote to retired justice Louis Harms, who had nominated Gauntlett, to explain its concerns about his "humility" and temperament.[31] In addition, Pierre de Vos suggested that, though "brilliant", Gauntlett was unsuitable because of his "conservative legal philosophy" and "formalistic methods of interpretation";[32] Gauntlett rejected that characterisation.[33]

Shortly afterwards, in November 2012, Gauntlett emerged as a potential candidate to replace Zak Yacoob on the bench of the Constitutional Court. He was nominated by over 60 people, including Mamphela Ramphele, Sydney Kentridge, opposition leaders Helen Zille and Mangosuthu Buthelezi, and 47 legal academics.[34][35][36] He was interviewed in February 2013 as one of five candidates for the vacant seat.[37] However, after a fractious interview, the Judicial Service Commission recommended all the candidates but Gauntlett as suitable for appointment.[38]

Personal life

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Gauntlett is married to Tessa Finlay and has three daughters.[2]

References

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  1. ^ a b c d e f "Nomination: JJ Gauntlett SC" (PDF). Cape Bar. November 2012. Retrieved 16 January 2024.
  2. ^ a b c d "New chair of the GCB". Consultus: 3. September 1999.
  3. ^ "Jeremy Gauntlett SC appointed as Queen's Counsel". University of Stellenbosch Faculty of Law. 13 January 2017. Retrieved 16 January 2024.
  4. ^ "Gauntlett KC SC, Jeremy". The Cape Bar. Retrieved 16 January 2024.
  5. ^ "Jeremy Gauntlett KC". Brick Court Chambers. Retrieved 16 January 2024.
  6. ^ "Jeremy Gauntlett to join the ranks of the Queen's Counsel". Daily Dispatch. 13 January 2017. Retrieved 16 January 2024.
  7. ^ a b "Former GCB Chairman Appointed Queen's Counsel" (PDF). Advocate. 30 (1): 24–26. April 2017.
  8. ^ "Jeremy Gauntlett SC joins Brick Court Chambers". Brick Court Chambers. 21 January 2014. Retrieved 16 January 2024.
  9. ^ Comrie, Susan (14 February 2016). "Nkandla: Arguments made at ConCourt". City Press. Retrieved 16 January 2024.
  10. ^ Chabalala, Jeanette (12 February 2016). "SCA will 'take a while' to consider arguments in Bashir case". News24. Retrieved 16 January 2024.
  11. ^ "Concourt hears arguments in Zim torture case". The Mail & Guardian. 19 May 2014. Retrieved 16 January 2024.
  12. ^ "Gauntlett: Shuttleworth bid could be devastating for SA". The Mail & Guardian. 11 June 2013. Retrieved 16 January 2024.
  13. ^ "Judgment reserved in Shuttleworth case". News24. 4 March 2015. Retrieved 16 January 2024.
  14. ^ "KZN govt defends 'Slums Act'". News24. 14 May 2009. Retrieved 16 January 2024.
  15. ^ "Nersa judgement expected soon". News24. 22 June 2016. Retrieved 16 January 2024.
  16. ^ "Human Rights Commission intervenes in Caster Semenya court challenge". Sunday Times. 2 September 2021. Retrieved 16 January 2024.
  17. ^ Areff, Ahmed (18 November 2015). "Flawed dept's employment equity plan must fail, ConCourt hears". News24. Retrieved 16 January 2024.
  18. ^ Brkic, Branko (25 May 2010). "M&G vs Presidency: The Zim truth will out". Daily Maverick. Retrieved 16 January 2024.
  19. ^ "Court hears of Shaik-Zuma bond". News24. 25 September 2006. Retrieved 16 January 2024.
  20. ^ "All the candidates in the JSC interviews". IOL. 21 September 2009. Retrieved 16 January 2024.
  21. ^ "No place for Hlophe on Concourt shortlist". The Mail & Guardian. 22 September 2009. Retrieved 16 January 2024.
  22. ^ "Gauntlett says he's put Hlophe matter behind him". The Mail & Guardian. 15 April 2010. Retrieved 16 January 2024.
  23. ^ Bruin, Philip de (27 February 2005). "Hlophe 'hiding behind race'". News24. Retrieved 16 January 2024.
  24. ^ "Cape advocates say Hlophe must quit". The Mail & Guardian. 9 October 2007. Retrieved 16 January 2024.
  25. ^ "Judges fume after Gauntlett snub". IOL. 19 April 2010. Retrieved 16 January 2024.
  26. ^ "Legal fraternity's finest struggle to find a place at the Bar". The Mail & Guardian. 9 May 2011. Retrieved 16 January 2024.
  27. ^ "Is the JSC courting favourites?". The Mail & Guardian. 26 April 2012. Retrieved 16 January 2024.
  28. ^ "JSC to interview Western Cape candidates". News24. 16 October 2012. Retrieved 16 January 2024.
  29. ^ "JSC presents judicial candidates". News24. 26 October 2012. Retrieved 16 January 2024.
  30. ^ "Gender and race top the Judicial Service Commission's agenda". The Mail & Guardian. 19 October 2012. Retrieved 16 January 2024.
  31. ^ "Gauntlett too short-tempered - JSC". News24. 7 November 2012. Retrieved 16 January 2024.
  32. ^ Vos, Pierre de (8 November 2012). "Running the Gauntlett: Why the struggle for appointment?". Daily Maverick. Retrieved 16 January 2024.
  33. ^ "Newsmaker: Gauntlett – I have no regrets". News24. 17 November 2012. Retrieved 16 January 2024.
  34. ^ "47 top academics support Gauntlett". News24. 29 November 2012. Retrieved 16 January 2024.
  35. ^ "Gauntlett throws down the gauntlet". Sunday Times. 11 November 2012. Retrieved 16 January 2024.
  36. ^ "'Arrogant' Gauntlett fails to make the cut". News24. 24 February 2013. Retrieved 16 January 2024.
  37. ^ "Jeremy Gauntlett makes shortlist for ConCourt judge". The Mail & Guardian. 16 January 2013. Retrieved 16 January 2024.
  38. ^ "Gauntlett culled from ConCourt short list". The Mail & Guardian. 22 February 2013. Retrieved 16 January 2024.
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